Law:

Section:

(On appeal from the of the Service Tribunal dated 19-9-1989, in Service Appeals Nos. 438 and 439). (a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 47(3)---Azad Jammu and Kashmir Service Tribunals Act, 1975, S.4---Civil service---Promotion---Civil servant's grievance was that he was senior most from amongst graduate engineers and that respondents being diploma-holders had been promoted illegally over and above the quota reserved for promotion from amongst diploma engineers---Service Tribunal dismissed civil servant's appeal in limine on ground that appointment of respondents against higher posts was purely meant as a stop-gap arrangement conferring no additional benefits to them---Government's order appointing respondents to higher, posts did not show that same was a stop-gap arrangement---Civil servant's appeal having been dismissed by Service Tribunal at preliminary stage there was no occasion for the Government to put its view point before the Tribunal with regard to stop-gap arrangement, it could not even be said that appointing authority pleaded or proved that respondent's appointment was a stop-gap arrangement. Safia Rashid Malik v. Secretary to the Government of West Pakistan 1974 P L C (C.S.) 5 ref. (b) Azad Jammu and. Kashmir Interim Constitution Act (VIII of 1974)--- ----S.47---Azad Jammu and Kashmir Service Tribunals Act. 1975, S.4---Civil service- --Appointment of diploma engineers to higher posts---Civil servant a graduate engineer challenged appointment of respondents to higher post over and above his head---Service Tribunal dismissed Civil servant's appeal on ground that no additional benefits having been conferred on respondent promotees, appeal against their appointment was incompetent---Respondents having been appointed to higher posts which carried higher responsibilities and, therefore, enhanced powers and status---Respondents having been thus appointed to a higher post possibility could not be ,ruled out that even civil servant, a graduate engineer could have been posted under one of respondents--Mere fact that respondents had not been allowed salary in higher scale would not lead to conclusion that there was no…

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